Common use of Underutilization and Early Termination Clause in Contracts

Underutilization and Early Termination. If Customer’s Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, Customer shall pay an "Underutilization Charge" equal to 25% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 25% of the unmet AVC plus a pro rata portion of any credits received by Customer. Waivers:

Appears in 1 contract

Samples: Service Agreement

AutoNDA by SimpleDocs

Underutilization and Early Termination. If Customer’s 's Total Service Charges do not reach the AVC AVC, in any Contract Year contract year during the Initial Term, ; Customer shall pay an "Underutilization Charge" equal to 2550% of the unmet AVC. If Customer’s Total Service Charges do AVC is not reach met because Customer has terminated the AVC in any Contract Year because for Cause or if Company terminates the Agreement is terminated early by Customer without Cause or by the Company with for Cause, then Customer shall pay will pay, within thirty (30) days after such termination, an “Early Termination Charge” amount equal to 2550% of the unmet unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year remaining in the Term, plus a pro rata portion of any and all credits received by Customer. Waivers:.

Appears in 1 contract

Samples: Amendment 1

Underutilization and Early Termination. If Customer’s Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, ; Customer shall pay an "Underutilization Charge" equal to 2550% of the unmet AVC. If Customer’s Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by Customer without with Cause or by the Company with for Cause, Customer shall pay an a “Early Termination Charge” Termination: charge equal to 2550% of the unmet AVC plus a pro rata portion of any credits received by the Customer. Waivers:

Appears in 1 contract

Samples: Amendment 28

Underutilization and Early Termination. If Customer’s 's Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, ; Customer shall pay an "Underutilization Charge" equal to 2550% of the unmet AVC. If Customer’s 's Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 2550% of the unmet AVC plus a pro rata portion of any credits received by Customer. Waivers:.

Appears in 1 contract

Samples: Service Agreement

AutoNDA by SimpleDocs

Underutilization and Early Termination. If Customer’s 's Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, Customer shall pay an "Underutilization Charge" equal to 2550% of the unmet AVC. If Customer’s 's Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by the Customer without Cause or by the Company with Cause, Customer shall pay an “Early Termination Charge” equal to 2550% of the unmet AVC plus a pro rata portion of any credits received by Customer. Waivers:.

Appears in 1 contract

Samples: Service Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!